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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNITY EMPLOYER <br />Thomas E Remington Director <br />6060 Broadway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />wrldrde state co us <br />2300 South Iownsend Ave <br />Montrose, CO 81401 <br />Mr. Murrai Shrestha <br />Western Fuels Association <br />PO Box .33424 <br />Denver, CO 80233 <br />0 ca <br />?§' OF <br />For Wildlife- <br />For People <br />August 1, 2008 <br />Dear Mt Shrestha: <br />After reviewing your request far threatened and endangered (T&E) species clearance for exploratory <br />drilling in f 47N, RI 6W Section 25 (Thud Paris near Nucla, CO), the following species were identified as <br />potentially occurring within this area <br /> -Re P? <br />Bald Eagle No No (As of 8/8/2007) No Yes <br />Kit Fox No No Yes No <br />Black-footed Ferret Yes No Yes No <br />Western Burrowing No No No Yes <br />Owl <br />the bald eagle (Hahaeetua leucocephalus) does occur in this area, generally as a whiter migrant. <br />However, it is doubtful the activities described would pose any substantial threat It is the opinion of the <br />Colorado Division of Wildlife (CDOW) that this species will not be adversely impacted by the described drilling <br />activity <br />Kit Fox (YuUws macrotis) have been documented in the eastern portions of Montrose County However, <br />surveys have not detected the presence of this species on the West End As the habitat in the described area <br />would be considered marginal, it is our determination there will be no adverse impacts to this species <br />Although there may be some suitable habitat in the area, occurrence of the black-footed ferret (Mustela <br />nigripes) has not been recently documented in Montrose County . Any threat posed by the described activities is <br />considered negligible to this species <br />Adverse impacts to burrowing owls (Athene cunicularia hypugaea) are considered a possibility, as their <br />presence has been recently documented in the Nucla area If the described drilling activities are to occur <br />within 300 feet of a prairie dog colony, measures should be undertaken to determine the presence or absence of <br />burrowing owls near the sites in question This species is a summer migrant closely associated with prairie dog <br />colonies, which they utilize for nesting and brood rearing activities- Federal and state laws prohibit the harming or <br />killing of Burrowing Owls or the destruction of active nests Based on this, the CROW recommends that surveys <br />be conducted prior to any exploration The area surveyed should include any prairie dog burrows within a 300 <br />foot buffer along access roads, and any prairie dog burrows within 300 feet around each exploratory hole <br />If Burrowing Owls are confirmed to be present in a prairie dog town, there are two options before <br />proceeding with planned activities: <br />i Wait to initiate activities until after November 1 or until it can be confirmed that the owls have left the <br />prairie dog town <br />DEPARTMENT OF NATURAL RESOURCES, Harris D Sherman, Executive Director <br />WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary <br />Members, Dennis Buechler. Jeffrey Crawford • Dorothea Farris • Roy McAnafly • Richard Ray • Robert Streeter <br />Ex Officio Members, Harris Sherman and John Stulp